What you need to know to make a timeshare compensation claim
Do you have a timeshare contract? You may be entitled to claim compensation against the resort. In this post, you can find the relevant criteria that your case must meet in order to qualify for compensation.
Spanish Supreme Court ruling
Due to the multiplicity of disputes arising from timeshare contracts in Spain, the Spanish Supreme Court issued a judgment in 2015 rendering null and void those contracts which do not comply with legislation.
Thus, since the Spanish Supreme Court ruling, many timeshare owners were given the opportunity to claim compensation and exit their timeshare contracts.
To find out if you are eligible for compensation, your case must meet certain conditions. Let’s take a brief overview of those conditions.
Timeshare contracts in perpetuity
Timeshare contracts in perpetuity are timeshare contracts where there is no end date or the term exceeds the legal limit, which is fifty years. These contracts are against the Spanish 42/1998 Law. Hence, if you own a timeshare contract in perpetuity, you should get advice from a legal professional and claim it.
A floating week is a type of timeshare contract where the owner can choose from a range of weeks when he will enjoy his property each year. However, floating week timeshare contracts often breach the law.
As weeks are booked by various timeshare owners at the same time, they may not get to obtain their desired weeks. In many occasions, floating weeks lead to a mess as timeshare owners are often deprived of enjoying the property even though they would still be required to pay the maintenance fees on it.
Even if you don’t have a timeshare contract in perpetuity or floating weeks, you may have been mis-sold your timeshare. This is why it is called a misrepresentation.
We face a mis-sold timeshare when the seller made an untrue or misleading statement of fact during the sale.
Plus, according to legislation, you should have been granted a cooling-off period of a minimum of 14 days after signing the contract to consider your decision. Otherwise, the contract can be rendered null and void.
Other reasons to claim your mis-sold timeshare
We have covered the main factors that can lead you to claim your timeshare contract on the grounds of misrepresentation. Nonetheless, there could be others such as not being informed of rising maintenance fees or exactly how a timeshare works.
Whatever your case, seeking professional help from legal experts is highly recommendable as we (legal experts) are used to dealing with the complexities of timeshare contracts.
With the due guidance, exiting from your timeshare contract does not necessarily have to turn into a nightmare.
Why you should be represented by a lawyer if you intend to file a claim
Trying to sort things out with the resort on your own could be a bad idea. Just walking away from your timeshare contract, as tempting as it may seem, could result in legal and financial troubles. In fact, simply stopping the payment of your fees without legal grounds could lead you to poor credit score.
Plus, you will get no compensation and your rights about the timeshare will disappear. The best solution to timeshare claims, therefore, is to do it by the book, and that means hiring the services of a lawyer.
Timeshare specialist solicitors
Having a timeshare specialist solicitor act for you will result in a thorough analysis of your contract. He will make sure that you do not miss any abusive term. After a proper study, you will be informed of what exactly you can claim and what outcome to expect.
Also, the chances of succeeding will be higher because, as a legal expert, he/she fully understands the law.
Save your time
Timeshare companies often drag out the process of exiting from the contract. To be honest, they do almost anything to prevent your exit. They employ a wide range of tactics to discourage you from ending the timeshare. The good news is that a timeshare specialist solicitor will speed up the process, handling all the hard work for you. If you wish to go straight to the point, the wisest decision is letting a legal expert deal with this matter.
What information is required to make a claim?
Do you feel that you may have a claim after reading this post? Then you should start proceedings straight away. As we have previously stated, the best solution is to hire a legal expert to handle your claim.
To do so, first, you need to collect some documents, such as:
- A copy of your timeshare contract, agreements and annexes signed with the Resort
- Proof of all payments related to those agreements and annexes (loans included)
- Proof of payment of the instalments and/or maintenance fees and services
- Also, proof of communications with the Resort to accredit the enjoyed days
In Legalbono, we make the process even easier than what you will find in traditional law firms. Once you have collected these documents, you only need to fill this form to receive a viability analysis of your case at no cost.
We beat other timeshare claims companies
We have a huge amount of expertise in the timeshare industry, but we also do our best to offer our clients the best conditions in the market. By working under a No Win, No Fee policy, you do not have to worry at all once you have submitted the relevant information concerning your case.
If your claim does not succeed, you do not have to pay a penny for our fees. We are that confident of our success.
Should you need further information or clarification, please, do not hesitate to contact us. We will be more than pleased to help you with your timeshare claim.