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: £37,913.15
Client Story:
Whilst enjoying their holiday our clients decided to take a walk on the beach where they were approached by a man giving out scratch cards. Their daughter was also given a scratch card and much to the delight of everyone she had one a DVD player. Our clients were informed that to receive the prize they would simply have to take a short taxi ride to a resort, were they would listen to what was described as a short but interesting presentation. Once at the resort our clients were shown around for a couple of hours, finally being taken to a room where they were explained the benefits of owning a week in Anfi and how this could be funded. Our clients were not convinced and decided that they wanted time to think about it, however feeling under pressure they eventually decided to purchase a week with Barclays Finance and even left a deposit then and there.
When our clients arrived back in the United Kingdom, they tried to book the same room for next year. Not only were they met with the disappointment of not being able to book that room, but they were told that there was no availability at all. Our clients were also shocked to hear that they would have to pay maintenance bills, which was never once mentioned to them in the day long presentation they felt forced to attend. Our clients attempted to complain to Anfi, however they were what can only be described as completely not interested.
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.
It was in mid-2016 when a pre-trial took place were the judge set a trial date for early 2017. After hearing the argument of both sides the judge had reached a verdict and much to the delight of the clients declared our clients Anfi contract null and void and ordered the return of £37,913.
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 it exceeded the allowed 50-year period. The judge indicated the illegality practiced by Anfi in taking a deposit before the allowed cooling off period.
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.