Do you want to get out of your timeshare contract?
My name is Javier Correa Guimerá, I am a lawyer specialized in Timeshare Law, licensed since 1990 under nº 1071 at the Las Palmas Bar Association. Graduated from the University of Navarra and Master's Degree title from the University College London (UCL). Since 2010 I’ve been working basically on timeshare cases. If you want to cancel your timeshare contract I can help you.
1.- Do you need me?
If your timeshare is based in Spain and the Club to where you belong doest not come to any amicable solution, the answer is yes. We should then need to file a lawsuit against sellers, promoters and the Club asking for the cancellation of your contract. I’ll guide you personally through the whole process and keep you informed of any development in the case. We will sign an Engagement Letter that will contain the terms of our agreements, costs, timescales and everything it’s needed to leave all crystal clear for us both.
As mentioned above I’ve been working on timeshare cases for almost a decade now, I have met dozens of clients with similar problems; they didn’t want to buy anything in the first place, then what they were promised was not what they were receiving, the maintenance fees are growing dramatically, they are too old now to vacation as they used to and being retired their budget is now smaller. They can’t basically afford paying it but the answer they obtain from their resorts is “you signed the contract and you are bound to it, it was in perpetuity so if you don’t pay we’ll prosecute your heirs!!” Incredible but true (and this is why sometimes I think timeshare is a sect...)
2. But is my timeshare contract illegal?
The Spanish Supreme Court has ruled the following to be illegal:
Contracts signed in perpetuity (‘in perpetuity’ means no end date or for a period of more than 50 years.)
Floating weeks (including holiday club schemes and points for instance)
Deposits or payments made with the cooling off period (the cooling off may be extended to 3 months)
Contracts that directly don’t apply the Spanish legislation have been also deemed null and void.
3.- Can I received compensation?
Yes, the Supreme Court has also ruled that clients have the right to cancel their contracts and will be only reimbursed in the proportional part of the "not used" years and with a maximum of 50 years. For instance, for a contract signed in 2005 and price of 20,000, as the contract was “used” for 12 years, there are 38 years unused, the equation would be: (£20,000.00 / 50) * 38 = 15,200.00.
To this we may add all the monies paid in advance, this is to say, any money paid within the three months after having signed the contract. In the latter example, if the client paid 10,000, he/she will finally be entitled to 25,200 all together.
4.- And how much will it cost to me?
This is a crucial question and I want to also be clear about it. It is not cheap but perhaps it’s more expensive to keep on with your contract(s), fees, etc than cancelling them. Going back to the previous example, for a claim of 25,200 fees according to my Law Society would be of exactly 5,970 which will include all the costs for the first instance and appeal, this is to say, lawyer, procurador, translations and Court fees were applicable. If we claim 10,000, fees would be of 3,442 and if the amount at dispute is 50,000 then fees my go up to 8,638.
5. How do I start the process?
If you wish to find out if you are elegible to all what I’ve explained, contact me, please use the form provided by clicking in HERE, and remember that all the preliminary advice (until you decide if you want to go ahead or not) is FREE. Also feel free to visit the blog where you can find articles, tips, opinions and the latest legal developments. Thank you for visiting me!!