Timeshare Litigation Case Study
Client Nationality: United Kingdom
Defendant Resort: Anfi Resorts
Resolution Location: Gran Canaria, Canary Islands, Spain
Judicial Level: First Instance Court
Case Type: Civil
Timeshare Structure: Timeshare Week
Resolution Period: 2 Years (2015)
Amount Awarded: €28,746
Client Story:
Whilst enjoying their holiday our clients were approached on the street by two individuals who asked them if they wanted to look around a 5-star hotel called Anfi. After getting into a taxi which had already been paid, they were taken on what was supposed to be an hour tour around the resort. After a big sales demonstration which took the whole day they were explained the benefits of owning Anfi, with the resale market being the main focal point. Our clients then bought a fixed week in Puerto Anfi, for which they were pressured into leaving a deposit of £1,300, the balance being paid by a finance agreement provided by Anfi.
Upon return the next year, another Anfi representative knocked on our client’s door and offered them a free breakfast. Here he explained the benefits of owning Gran Anfi, claiming it was a much better investment. Our clients ended up upgrading to a floating week, as it was explained to them that they could use them as of when it was convenient to them.
For the next couple of years our clients realised that everything promised to them by Anfi regarding the floating system was false. Not only were they not able to get the week that they wanted, but they were told that the whole resort was completely booked. It was in 2009 when our clients decided that they no longer wanted to own Anfi due to the broken promises as well as the rising of their maintenance fees. They tried to sell their two weeks back to Anfi as they had been promised, however much to their disgust Anfi refused to buy their weeks back.
Action Taken by CLA:
Disheartened by the lies perpetrated by Anfi, our clients searched around and came across Canarian Legal Alliance. After a back and forth with them, our clients decided to innate a claim against Anfi as they were impressed with the legal knowledge as well as the victories already achieved by them. By late 2015 our clients case was already presented at court and subsequently accepted.
A pre-trial date was then set in 2016 were Canarian Legal Alliance lawyers failed to come to an agreement with that of Anfi`s. A trial date was then set for late May 2017, only for the judge to dictate a sentence as quick as one month later, the outcome being our clients contract being declared null and void as well as £28,746 being ordered to be refunded.
Resort Infraction & Sentence Summary
Using the rulings handed down by the Supreme Court the judge of the First Instance used the Spanish Timeshare Law of 42/98 and declared our clients contract null and void on the basis that is was part of the “floating system”. By law a timeshare contract must be as tangible as possible, being indicated clearly on the contract, i.e a specific week, location and date. The judge also indicated the illegality practiced by Anfi in taking a deposit before the allowed cooling off period, stating a consumer must be given a certain amount of time to decide whether it’s a purchase he or she wishes to make.
This is yet another example of the clear impact the numerous sentences from the highest-ranking court in Spain are having. The Supreme Court has been clear in their sentencing, creating precedent which all lower courts must now follow.
IF YOU PURCHASED INTO THE FLOATING SYSTEM, CONTACT US NOW FOR A FREE CONSULTATION AND SEE IF YOU ARE ELIGIBLE TO CLAIM