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Case Study

Clients´ Nationality: English

Defendant Resort: Resort Properties / Silverpoint

Resolution Location: Arona, Spain

Judicial Level:First Instance

Case Type: Civil

Timeshare Structure: Timeshare

Resolution Period: 1.5 Year

Amount Awarded: over 45.000€

 

Client Story:

Our clients got to know Resort Properties  in 2008 when, according to their words with high pressure, were convinced into buying at Club Paradiso and in two years to sell it at a profit. Though they were both pensioners, a loan over a period of 10 years was arranged for them, with little information about its consequences, or on the maintenance fees involved.

 

Action Taken by CLA:

Our clients contacted CLA who filed their case in July 2016, 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 February 2017. As there was no agreement reached that day the court set the date for the trial in July, where our clients met their legal team in person and gave their testimony at court. Though a resolution was reached in September 2017, the court only notified us a few months later.

The judge reviewed all of the evidence and concluded that the clients were in the right, declaring their contract null and void and ordering Resort Properties to return over 45.000€ plus legal interests, which included the purchase price and the double deposit!

 

Resort Infraction & Sentence Summary

As in previous sentences, the magistrates ruled that Club Paradiso, as an affiliation to a holiday club is a timeshare product and is governed by the timeshare law.  Also, in accordance with the Supreme Court´s point of view also confirmed that the clients do not lose their status as a consumer, hence the protection of the timeshare law, just because they were led to believe that what they buy is an investment.

The judge also accepted our petition to pay compensation for the client for being forced to pay moneys during the reflection period, which is strictly prohibited by law; this is being punished by ordering the resorts to pay back the received amounts in double.

 

April 16, 2018

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