This is a sentence from the High court in Tenerife from 2001.
Click to enlarge
In the court of first instance the Judge ordered the defendant to pay the plaintiff back all the money they had paid plus interest.
The judge also declared the contract null and void and ordered the defendant to pay legal fees.
The defendant appealed this outcome and it was referred to the High Court whose ruling was as follows:
- The contract was governed by the timeshare law 42/98 due to the fact that the purchasers had the right to enjoy the accommodation every year during a certain period of each year.
- The Consumers and users law can also be applicable (law 26/84)
- All the legal requests were not followed because the building was not finished.
- The law was not followed because some essential elements that must be in a contract were omitted.
- The contract states that the purchasers can cancel the agreement but in no case will they be refunded, which is illegal according to timeshare law.
- They could not be prove that clients were given all the documents that they should have been provided with and therefore:
The High Court rejected the appeal presented by P…S.L, and completely ratified the sentence of the first instance Judge which gives the reason to clients.