We have received many queries in our office, for claims against different timeshare complexes. Among others, the complexes of Marriot, Ogisaka Garden, Anfi Beach, Parque Denia, MVCI, etc. In all cases, our law firm has obtained favourable rulings for our clients, who successfully recovered their money. You can read the latest ruling in a claim against Son Antem by clicking on this link. In this week’s article, we explain the most important aspects of these claims.
Characteristics of a Timeshare Contract.
In short, timeshare contracts (also known as timeshare ownership) allow the use of a property during a specific period of time, in exchange for an initial payment and annual fees. This model, extremely common in vacation areas, often involves rather complex contracts and clauses. Many times, consumers are not fully informed about the rights and obligations associated with these agreements.
Applicable Law to Timeshare Contracts.
As mentioned in previous articles, understanding the different regulations governing timeshare contracts is essential when filing a claim. In Spain, these contracts are mainly regulated by two laws. Law 42/1998, which was the initial law to regulate these contracts. After that Law 4/2012 was issued, which repealed the former law and established new conditions and requirements. Both laws are fundamental in evaluating the validity of a timeshare contract and determining whether your rights as a consumer have been violated.
Maximum Duration of Timeshare Contracts. Spanish Courts.
The case law from Spanish courts is clear. Depending on when they were signed, contracts lasting over 50 years can be declared null and void. The reason is simple: exceeding the maximum legal term allowed. Similarly, if the contract does not specify a maximum duration or indicates an indefinite term, it could also be declared null.
If the contract is declared null by the courts, you will be entitled to recover the money paid, along with legal interest.
When Can You File a Claim?. Recover Your Money Now.
If you signed a timeshare contract with Son Antem, Marriot, MVCI, etc., between 1998 and 2012, and the contract duration exceeds 50 years (or is indefinite), you could request the nullification of the contract and claim a refund, plus legal interest.
However, for contracts signed 2012, each case needs to be reviewed individually, as it will depend on the specific clauses of the contract, and how they are drafted. It may also be relevant if the company issued a deed of adaptation to Law 4/2012, making an express declaration of indefinite continuation, etc.
Conclusion.
At White-Baos Lawyers, we are experts in court claims against timeshare complexes, with numerous successful cases. We have helped countless clients recover their money. If you have a timeshare contract and wish to file a claim against Son Antem, Marriot, Ogisaka Garden, Anfi Beach, Parque Denia, MVCI, etc., do not hesitate to contact us. We will review your case and offer expert legal advice to help you recover your money.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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