Timeshare Claims in Spain

Why choose legalbono

 

  • No Win-No Fee. You only pay when we’ve won your case
  • Viability analysis at no cost. We study all the abusive terms on your timeshare contract and claim them.
  • 99% success rate. We have a huge amount of expertise in the timesharing industry.
  • Compensation in advance. If your case is viable, you could receive part of your money without putting up with long respites.

Start my claim

Illegality in Timeshare contracts

Most clients who signed timeshare contracts (also known as holiday home sharing or vacation ownership) suffered a multitude of abuses.

Some of these abuses include irregularities in the reservations, lack of proper maintenance at the resorts, payment of extra costs termed as deposits, disregard for client’s preferred week, etc. Moreover, many timeshare contracts obliged customers to hire timeshare for life. This sale in perpetuity is contrary to the law 42/1998; therefore, any contract signed after 1998 that does not set a term of duration of between 3 and 50 years, clearly stands in violation of the law.

How do I know if I am one of those affected?

Whether you were charged an advance amount disguised as a deposit or if your contract did not stipulate the duration of the timeshare (which must be between 3 and 50 years), you can claim your contract for failing to conform to the law and the provisions of the Supreme Court ruling in 2015.

Furthermore, you are eligible for a claim if any of the following situations apply to you:

  1. You were not given enough time to consider whether you were making the right decision or not.
  2. You were not informed of rising maintenance fees.
  3. You were not informed of additional maintenance costs.
  4. You were not informed about the inability to cancel your contract at anytime.
  5. You were not informed of exactly how a timeshare works
  6. You were not informed of exactly what property you were buying a timeshare in.

Can I make a claim if I am one of those affected?

Yes. If you signed a timeshare contract, you are in principle eligible to claim and recover your money. In fact, the Supreme Court has already ruled in more than 66 occasions, giving the right to all those affected by abusive clauses in their timeshare or timeshare contracts.

Start my claim

What will I get with the claim?

If we get a successful outcome, you will get the nullity of the timeshare contract and the refund of the corresponding money. This will vary depending on each case. For instance, if you advanced money as a reservation, management expense or deposit, you will also recover these amounts.

How do I start my claim?

Just click on the ‘start my claim’ button. Complete a short form and upload the documentation required. It’s that easy. It’ll take you a maximum of five minutes.

Break free from your timeshare chains

If your personal circumstances do not allow you to pay the maintenance fees, it’s time to get rid of that recurrent cost.

We know that giving away your timeshare contract in a nice and simple way is complicated or even impossible and the only option is to take legal actions. To abruptly stop paying the maintenance fees of your timeshare contract may not be the best decision as this could carry legal and financial implications. If you want to stop paying maintenance fees, you should consider your legal options to cancel the contract outright.

What could happen if I stop paying the fees?

As stated earlier, simply stopping the payment of your maintenance fees is not a good idea. Non-payment could have very negative consequences, such as inclusion in a debtors list. Something like this would seriously complicate your options for getting a loan in the future. Therefore, to get rid of your contract without suffering negative legal and financial consequences, we recommend you seek specialized legal advice.

Get out of your timeshare contract

There’s a part of the speech that timeshare sellers skip when they make their presentation. We are talking about the right of withdrawal. As a consumer, the law guarantees you to, without any justification, withdraw from your contract within 14 calendar days. This right allows you, as a consumer, to terminate the contract without any cost.

Ace under the sleeve

Even if you already signed your contract a long time ago, here is a tip you should take: if the contract has not been in effect for more than 1 year and 14 days and the Resort did not provide you with a withdrawal form, request this form to get another 14 days during which you can exercise your right to withdrawal.

It’s time to get your money back. Start your online claim today.

Start my claim

 

Frequently Asked Questions about Timeshare

 

What is a timeshare?

A timeshare (also known as holiday home sharing or vacation ownership) contract have been sold in Spain for decades and gives you the right to enjoy a property for tourism purposes in a specific resort for a certain period in exchange for a price. Despite being presented as an ownership, the truth is that the property is not acquired. The client only acquires the right to enjoy it during a certain time. This concept allows several people the right to enjoy the same property on different dates, thereby reducing the costs for all parties.

The client must pay the price for the right of use, in addition to an annual fee, for maintenance of the property which will vary depending on the case.

Several companies inform potential clients of a strong and active second-hand market if they decided to ‘sell’ their timeshare contract in the future as a ploy to make sales. However, the reality is that selling it is near impossible.

Can I claim my timeshare contract?

Yes. The Spanish Supreme Court has ruled that the following terms in timeshare contracts are illegal; therefore, making it null and void:

  • Floating weeks (including holiday club schemes).
  • Contracts signed in perpetuity (all timeshare contracts have to last between three and 50 years since 1998).
  • Deposits or payments taken within 14 days of signing (extended to three months if there are any other illegal points in the contract). You can get double the sum of that payment or deposit back in compensation.

If your case fits one of these situations, then you are entitled to claim and exit your timeshare contract.

Can you guarantee the success of the claim?

Even though no claim can have a 100% success rate, timeshare claims are accepted in a very high percentage and, unless your case is very specific, we are very likely to win your claim. Anyway, remember that we operate under a “no win, no fee policy” so, in the remote case that we lost, you would not have to pay our fees.

How much time do I have to claim?

The statute of limitations for this claim is fixed at 15 years if you entered into the contract before October 2015, being October 2020 the ultimate deadline for issuing a claim or at 5 years if you signed the contract after October 2015.

For this claim, time runs against us and it is highly recommended that you start your timeshare claim as soon as possible.

What documents do I need?

You just have to fill in our form to start your claim and attach the following documents:

  1. A copy of your timeshare contract, agreements and annexes signed with the Resort.
  2. Proof of all payments related to those agreements and annexes (loans included).
  3. Proof of payment of the instalments and/or maintenance fees and services.
  4. Proof of communications with the Resort to accredit the enjoyed days.

Once you have collected these documents, you can start your claim. Click here to fill the form.

Recent Posts

  • GenericLP

Reclamación Cártel de Coches

23 November, 2021
  • GenericLP

Reclamación Cártel del Euríbor

16 September, 2021
  • GenericLP

Reclamación Gastos Hipoteca Bankia

12 March, 2021