Now we are in July the legal world will start to slow up in Spain, the courts are beginning to wind down for the August break, but there will still be some news as sentences are issued for cases previously heard.
In the Court of First Instance Number 4, in Maspalomas San Bartelomé de Tirajana, Anfi have been on the receiving end of a very severe sentence, this particular one shows the courts are not taking it lightly when timeshare companies break the law.
In this case Anfi have been ordered to payback double the amount paid within the cooling off period, this can range from 10 days to 90 days. The law states that no payment shall be taken within this cooling off period even by a third party such as a trustee, which many timeshare companies have tried to use to get around this law.
This follows the Supreme Court rulings which created jurisprudence in 2015 in favour of the clients. This has been confirmed many times in Spain’s highest court and has been followed judiciously by the lower courts.
The clients in this case have also had their contract declared null and void but will now receive over 63,000€ plus legal interest.
The Spanish Timeshare Law 42/98 has been in existence since 5 January 1999, yet until recently the timeshare companies thought they were immune, since March 2015 and the very first ruling by the Supreme Court, they have found they are not as powerful or immune from sanction as they thought. Now with around 124 rulings the odds are firmly stacked against all contracts which have infringed the law, leaving the timeshare companies to pay back millions of Euros to clients. (See PDF below for the full court sentence).
In further news from the Supreme Court, they finally issued their ruling in a case against Puerto Calma, in Gran Canaria. They have upheld previous judgement that the contracts which were issued were illegal under Spain’s Timeshare Law 42/98. This follows all other rulings from the highest court in Spain, declaring the contract null and void with the client being awarded over £11,000.
As usual we leave you the reader to make up your own mind.
If you want to know about any company that has contacted you or have found on the internet, then contact Inside Timeshare, we will help you get to the truth.
Join us tomorrow for our Friday’s Letter from America where we give you an update on “Sheilah’s Pencil Pitch” article, with an introduction by our very own Irene Parker.