Court number 5 in Arona, Tenerife, which has heard our clients complaint against Silverpoint / Resort Properties and has ruled in our favor!
First of all, the judge has established after all the proof provided- just as in all the earlier rulings- that Silverpoint is responsible for the contracts signed with Resort Properties,therefore their liability can not be avoided.
Then the magistrate has declared null and void our clients´ timeshare contracts which were signed for more than fifty years, in accordance with the guideline of the Supreme Court. It was already established last year in the favor of numerous of our cases that timeshare contracts with a duration of over fifty years (commonly called in perpetuity) are illegal, and will be declared null and void radically, just as stated in the Spanish Timeshare law (42/98) .
The judge has also resolved our clients membership with Club Paradiso as considered the applicability of the Civil Code which determines that long term contracts can be cancelled by the petition of the parties with the corresponding refund of the unused amounts of the purchase price. The magistrate also mentioned that the Club does not explain how one can resolve their contract, and definitely does not talk about devolution of any moneys.
He considered an abuse that, as stated in the Club´s own affiliation documents, their members have to pay yearly maintenance fees which amount is determined only by the Club´s own criteria! The magistrate has seen it clear that our clients have encountered themselves in a defenseless position, where they entered into a long term contract with no opportunity to cancel it prior to its expiry but with facing ever growing maintenance fees which are established unilaterally by the Club.
Our clients will be getting back over 44,599.34 € plus the legal interests.
We congratulate them, and our legal team for this great victory, which will benefit many other clients of ours.
If you feel you were sold timeshare weeks under false pretenses contact us today for the best advice available. Your money can be recovered