If you’re looking to exit your timeshare ownership, it can sometimes be difficult to understand exactly where you fall between your contract and the law. The Spanish timeshare laws along with the Spanish civil code will help you to get to grips with what we deal with when we guide you through the claims process.
Any extreme changes in the Spanish timeshare laws are decided in the Supreme Court, setting out the legal guidelines which will then hold the impact on every case in the future.
The current Spanish timeshare law states that if your timeshare contract is deemed as illegal, it is possible for it to be declare as null and void, meaning that we can claim for the timeshare resort to return any payments taken for the purchase.
It is unlikely that you would have to take your case to the Supreme Court unless your situation is wildly dissimilar from any of the previous timeshare allegations that have gone through in the past and would therefore require a new legal precedent to be set. The claims are normally processed through a localised / municipal court where they would adopt the precedents that have been cascaded down from the Supreme court.
Firstly, it’s important to establish whether or not your timeshare ownership contract is eligible for a claim. There are various sections of your contract which could be deemed as illegal, with each case leading to a different outcome for your individual circumstance. Here at O-YOO, we offer a free contract review so that you we can set out your liability of the signed contract and any rights to claim you may have.
The Spanish Civil/Timeshare laws state;
- No contract should be longer than 50 years and has to clearly state an end date to the ownership.
- The Ownership has to be a fixed Resort In a Fixed unit at a fixed time anything else is potentially claimable as its not attributed.
- No Payments should have been made within the first 14 days from when you signed the contract.
- No Financial Provisions should have been secured within the cooling off period.
The documentation owners receive can be very confusing with the opportunity to claim not always being obvious to the untrained eye, hence why we offer a Free claims review to potential claimants.
The amount of monies claimable is subjected to the discretion of the Judge but in many cases you are able to claim up to DOUBLE your purchase price and inclusive of any interest from an arranged provision to purchase (Loan provided by the Resort).
The first step is to review your contract and determine your position to claim, and potentially realising an exit of ownership and a compensation claim for your money back.
O-YOO can help you gain a better understanding of their contractual rights and resolve their conflicts though advice, guidance, mediation and legal representation.