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Case Study

Client Nationality: English

Defendant Resort: Silverpoint

Resolution Location: Santa Cruz de Tenerife, Spain

Judicial Level: High Court

Case Type: Civil

Timeshare Structure: Timeshare

Resolution Period: 2.5 years

Amount Awarded: over 29,500€

Client Story:

Our clients explained to us that they were pressured into buying timeshare from Resort Properties during a presentation in 2005. When after a four hour meeting they clearly stated they were not interested in the product and that they could not even afford it. This was the moment when one of the managers came out and stated that due to an incredible coincidence, one of their clients had to withdraw form their agreement and lost the deposit which was paid, and for this reason they can get a 50% discount on the originally quoted price. He stated this was an opportunity of a lifetime and they would be crazy not buying it for such a low price.  With so much pressure they signed, and only found out later that this ” once in a lifetime opportunity” is just a simple sales technique they use every day to mislead clients.

Action Taken by CLA:

Our clients contacted CLA who filed their case in July 2015, being accepted at court in September the same year. After the court notified Silverpoint, who then presented their reply in writing, the court set the date for the preliminary hearing in April 2016. There was no agreement reached so the actual trial took place in September 2016 with the assistance of our clients. In April 2017, when the groundbreaking Supreme Court ruling which CLA had achieved was already known, the First Instance Judge also ruled in the favour of our clients. Silverpoint then appealed, however in a very short period, by February 2018 the High Court had also resolved the matter, confirming the ruling of the First Instance Judge.

 

In it the judge reviewed all of the evidence and concluded that for various infringements the contracts shall be declared null and void, ordering Silverpoint to return over 29.500€ plus legal interests.

 

Resort Infraction & Sentence Summary

 

As in previous sentences, the magistrates ruled in accordance with the criteria of the Supreme Court that City Membership is unlawful as the client’s rights cannot be guaranteed for the lack of object in the contract, and because the lifetime of the contract is indefinite.  

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