FAQ

Generally, no. Big decisions regarding timeshare law are made in the Supreme Court. Rulings made in the Spanish Supreme Court set a legal precedent that then facilitates all cases in lower courts, meaning that they can be settled easily.

Where a timeshare contract is found to be illegal, it can therefore be declared null and void and the timeshare company ordered to return the ill-gotten payments received from the claimant. Once it is confirmed that a contract contains an illegal clause, the court does not even have to look at it before applying the law.

This means you do not have to go to Court unless your case is one that has never been seen before – in which case it will have to go to the Supreme Court, where there will be a much bigger legal battle and less certainty of success. However, the Spanish Supreme Court has now ruled on many timeshare law cases, meaning that it is almost certain that you will not have to go to the Supreme Court for your timeshare legal case.

Whilst any Spanish lawyer could represent you in Court, there are some risks. For example, there have been several cases of fraudulent legal firms operating in Spain, who have taken money from unsuspecting timeshare holders in order to fight their case only to disappear. Also, unless the lawyer you are dealing with is experienced in timeshare law specifically, they may not have the necessary knowledge to do the best job of handling your case. Equally, there could be translation issues.

If you signed your timeshare contract before 4 January 1999, you will have much more trouble getting justice. This is because, prior to that date, timeshare in Spain was covered by consumer law.

This means that it is a lot harder to challenge these timeshare contracts in Court. That being said, there may be loopholes that can be exploited when you engage a specialist timeshare lawyer who knows the ins and outs of timeshare contracts.

So far, the Spanish Supreme Court has ruled that the following timeshare contracts are definitely illegal:

• Floating weeks (including holiday club schemes)
• Contracts signed in perpetuity (all timeshare contracts have to last between three and 50 years).
• Deposits or payments taken within 14 days of signing (extended to three months if there are any other illegal points in the contract).

The Spanish Supreme Court is also currently assessing contracts that contain the words ‘ownership’ or ‘property’. If they rule these to be illegal, then a whole new swathe of timeshare contracts could be deemed illegal.

As a result of these Spanish timeshare law rulings, people are gaining timeshare release and compensation on a weekly basis. The tide has turned, and timeshare companies are running scared.

Well, depending on the way in which the contract is illegal, you could either be eligible for compensation, to have any sums you’ve paid returned to you, or simply to have the contract nullified.

If a deposit or payment was taken during the 14-day cooling off period, or within three months if other elements of the contract are found to be illegal, then you will get double the sum of that payment or deposit back in compensation. This could be even more, depending on the sum you paid during that period.

Any floating weeks contract or ‘in perpetuity’ contracts (where the contract term is not specified or exceeds 50 years) are null and void. And because they are null and void, the timeshare company must return all the money you have paid them during the entire duration of the contract.

If misselling or misrepresentation can be proven, then timeshare compensation may be payable under Spanish timeshare law, but this can be difficult to prove. It very much depends on the context of your individual case.

In cases like the above, there is no way out for timeshare companies. Judgments made by the Spanish Supreme Court are final, and timeshare companies have no right of appeal.

If a timeshare company fails to accept the judgment against them and repay the money, the Court will freeze their assets until the money is recovered.

This is an easy one to answer: all you need to do is give us a call or fill in the contact form below. It costs nothing to enquire, and if you have a case, then we can get the ball rolling immediately.