8 Spanish timeshare court victories totalling £129,442 in awards and null contracts

We are pleased to share last week’s Spanish timeshare court victories. M1 Legal secured 8 positive judgements, with a combined total awarded of £129,442. The results are set out below.

1st Court of Instance:

• Club La Costa World – M1 Legal secured three wins. In all three cases, the judge declared the timeshare contract null and void under Law 42/12 due to missing information about the contract duration and the accommodation. In one case involving CLC Continental & CLC Sucursal, the judge also declared all “accessory” agreements null (the loan in this instance). Amounts awarded: £10,368, £17,843 and £11,494.
• Anfi – The judge declared the contract null and void under Law 04/2012 requirements after it was found the agreement did not provide the minimum required accommodation information. Court costs were awarded in our favour. Amount awarded: £13,908.
• Restotel (Medhotel) – Restotel was judged in default, and the outcome was very positive. The contract was declared null and void due to a lack of information about the accommodation and contract period. Restotel was also ordered to return monies paid during the initial cooling-off period, plus interest in the same amount. Amount awarded: £17,960.
• Las Vistas (La Pinta) – We won by default against Las Vistas Marketing SL of the La Pinta resort. The contract was declared null and void due to missing information regarding the accommodation and contract period, as required under Law 04/2012. Las Vistas was also ordered to return monies paid during the initial cooling-off period, plus interest in the same amount. Amount awarded: £27,427.

Appeals:

• Anfi – Anfi had cancelled the contract due to non-payment of maintenance fees. The case was first heard at the 1st Court of Instance and initially decided in Anfi’s favour on that basis. We appealed, and the Court of Appeal confirmed this does not change the legal position: the judge declared the nullity of the contract under Law 42/98 because it did not meet the minimum requirements for contract duration and accommodation information. A null contract cannot be cancelled. Anfi was ordered to pay court costs. Amount awarded: £19,488.
• Anfi – Anfi appealed the judgement from the 1st Court of Instance. The Provincial Court in Las Palmas rejected Anfi’s appeal and confirmed the original judgement in full. We were awarded court costs. Amount awarded: £10,951.