Another eight Spanish timeshare contracts worth £132,534 declared null and void in court

We are pleased to share this week’s Spanish court results. M1 Legal secured eight successful awards with a combined value of £132,534, with multiple timeshare contracts declared null under Spanish timeshare law.

Below is a summary of the key outcomes.

First Instance Courts:

• CLC World x 2 - Arona, Tenerife (Court No. 3): in both cases, the judge declared the contracts null under Law 04/2012 due to missing required information on the accommodation and the contract duration. Amounts awarded - £13,727 and £15,525.
• Silverpoint - Arona, Tenerife (Court No. 5): the judge found in M1 Legal’s favour, as the contract did not set out the minimum accommodation details required and did not properly state the duration (Law 04/2012). Amount awarded - £18,620.

Appeals:

• Anfi Sales & Anfi Resorts - Las Palmas, Gran Canaria (Court of Appeal No. 3): the appeal court confirmed the First Instance judgment declaring the contract null and void for lack of accommodation information (Law 42/1998). Court costs were also awarded. Amount awarded - £15,989.
• Anfi Resorts - On First Instance, the judge ruled for Anfi on the basis that the contract had been cancelled due to non-payment of maintenance fees. Following an appeal by M1 Legal, that decision was overturned and the contract was declared null and void for lack of accommodation information. Amount awarded - £25,028.
• Anfi Sales - Las Palmas, Gran Canaria (Court of Appeal No. 5): the court confirmed the First Instance judgment declaring the contract null and void due to missing accommodation information (Law 42/1998). Court costs were also awarded. Amount awarded - £11,694.
• Diamond Resorts - Malaga, Costa del Sol (Court of Appeal No. 4): the appeal court upheld the First Instance ruling that the contract was null and void due to insufficient accommodation information and an improper contract duration. Amount awarded - £18,829.
• Tasolan - Las Palmas, Gran Canaria (Court of Appeal No. 3): the appeal court upheld the First Instance ruling that the contract was null and void due to missing accommodation information. Amount awarded - £13,120.

Jurisdiction:

2 cases valued at £23,977

In two cases against Diamond Resorts, the judge rejected the argument raised on jurisdiction, meaning the jurisdiction issue is now resolved and the claims can proceed under Spanish law. Both cases will now move to the next stage.