Case Study
Client Nationality: Swedish
Defendant Resort: Anfi Resorts
Resolution Location: Gran Canaria, Canary Islands, Spain
Judicial Level: High Court
Case Type: Civil
Timeshare Structure: Timeshare Week
Resolution Period: 2 Years (2015)
Amount Awarded: € 40,406.63
Client Story:
Our clients purchased floating weeks in 2009 timeshare in Gran Anfi. They were promised maximum flexibility when wanting to book their weeks, however they experienced very early difficulties to get the dates they wanted. In the following years our clients felt they had to travel when it was suitable for Anfi and not when it was good for them. Not happy with the system the clients looked for legal solution and contacted CLA in 2014.
Action Taken by CLA:
After the clients´decision to start legal action against Anfi they have remitted their relevant documents which were translated into Spanish. These, together with other evidences were presented at court in May 2015 together with the writ in which we were requesting the court to declare the contract null and void. Within weeks the claim was accepted at the court of Maspalomas and in November 2015 the preliminary hearing was held. In April 2016 the clients attended to their trial and just a month later we received resolution from the court in which they declared our clients´contract null and void and ordered Anfi to return the purchase price.
In June 2016 Anfi has appealed the resolution to the High Court of Las Palmas, where within less than a year the final verdict was achieved. The magistrates of Court number four founded in the favor of our clients, declared their contract null and void and ordered Anfi to return them over 40,000€ plus the legal interests.
Now we are proceeding with the enforcement of the sentence, in order to welcome this family within the groups of numerous clients who already got their money back!
Resort Infraction & Sentence Summary
Using the rulings handed down by the Supreme Court the magistrates applied the Spanish Timeshare Law of 42/98 and declared our clients contract null and void on the basis that it contained floating week which leaved the object of the contrast undetermined.
This is yet another example of the clear impact the numerous sentences from the highest-ranking court in Spain are having. Not only are the judges clear in their sentencing but they are also becoming much faster.
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