Timeshare Litigation Case Study
Client Nationality: Norwegian
Defendant Resort: Anfi
Resolution Location: Maspalomas, Spain
Judicial Level:First Instance
Case Type: Civil
Timeshare Structure: Timeshare
Resolution Period: 1 Year
Amount Awarded: over 29.000€
Our clients got to know Anfi in 2007 when they were convinced to buy a floating week in Monte Anfi. However soon they realized that the promises they received at the beginning did not meet up with the reality, especially regarding availability at the resort
Action Taken by CLA:
After reading about the fresh supreme court sentences in timeshare matters the clients contracted CLA who filed their case in 2016, being accepted at court in November that year. After various other legal steps, they finally received their preliminary date in September 2017, announcing the trial date for December of the same year. Our clients were able to assist at the trial, then just two weeks later, at the end of December we received their favourable sentence.
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 29.000€ plus legal interests, which included the purchase price and the double deposit!
Resort Infraction & Sentence Summary
As in previous sentences, the magistrates ruled that floating weeks are illegal as there is a lack of object in the contract. The illegal in perpetuity clause was also pointed out.
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.