8 Spanish timeshare court victories totalling £131,563 in awards

We are pleased to share last week’s Spanish timeshare court victories. M1 Legal secured 8 results, with a total amount awarded of £131,563.

First Court of Instance

• Regency Vacations (Royal Park Albatros) – The judge declared the Regency contracts null and void and awarded double the amount paid during the cooling-off period. As the case was heard in Spain and defended by a Spanish lawyer, we expect to enforce the order in Spain, and we will also look to enforce in the UK as the company has an English domicile. We were also awarded court costs. £65,800 awarded.
• Club La Costa Sucursal – Contract nullity was found due to missing information on the contract term and the accommodation, under Spanish law 04/2012. £12,814 awarded.
• Diamond Resorts – Contract nullity was found due to missing information on the contract term and the accommodation, under Spanish law 04/2012. We were awarded court costs. £13,160 awarded.
• Club La Costa Sucursal – Contract nullity was found due to missing information on the accommodation, under Spanish law 04/2012. £14,502 awarded.

There were two further judgments against Diamond and Club La Costa.

Appeal

• RCI + Sunset Beach – In their reasoning, the judges stated that Sunset Beach Club is a network of companies with the same address and name, based in the Isle of Man. The defence raised this in an attempt to have the case dismissed on jurisdictional grounds. The court upheld the original First Court of Instance decision. The defence also submitted documents said to be a waiver, but they were not translated into Spanish. The documents were rejected, which may be helpful in similar cases going forward.

Jurisdiction hearings

12 jurisdiction victories valued at £238,029

M1 Legal secured 12 jurisdiction victories last week: 11 against Club La Costa and 1 against Diamond Resorts. The defence challenged the cases being heard under Spanish jurisdiction. All cases will now proceed to the next stage.