Silverpoint Timeshare Contracts Advice
Timeshare victims in Spain, termination of contracts, damages, Tenerife, Gran Canaria
The damaged consumer, economically deceived by companies such as Silverpoint Vacations SL Tenerife, Excel Hotels Resorts SA, Gran Canaria Tausolan Gran Canaria, Anfi Gran Canaria etc. can now expect further support from the courts of Spain in 2019-2020.
The Supreme Court ruling on timeshare now protects the consumer and awards the purchase price payments to the consumer as compensation.
It also ensures that the contracts are declared void, so that consumers are at least no longer harmed by the ongoing and high administrative costs of their assets.
Timeshare companies are increasingly trying to use other products to continue gaining unfair profits, including timeshare selling opportunities, faking memberships, re-investing, or even offering Spanish SL (GmbH) shares to companies that do not exist, or by far can not fulfill the promise of return.
Legal solutions for existing contracts
Timeshare contracts concluded on 16.12.1998 that do not comply with the legal requirements of Law 42/98 will be dissolved by the courts in favour of consumers.
Contracts before 16.12.1998 have only been resolved in individual cases so far by courts in Gran Canaria, under application of the Canary Consumers Act of 1984 and the EU Directive from 1994. This is intended to protect the consumer against fraud in the acquisition of ownership rights.
At present, our law firms render a judgment in favour of consumer protection for timeshare contracts, completed before 16.12.1998.
If you have concluded a timeshare contract or have acquired a membership right and the following happened, then the contract should be challenged:
1. The price must be paid before the conclusion of the contract, that is, you will be asked for a one-sided offer and the full payment, and then the contract offer is accepted.
2. The apartment and the week of use are not exactly determined, but club rights are sold, which are economically worthless.
3. The contract duration is not limited in time. Newer contracts limit the right of use until 2050. An exchange of old rights is offered without properly executing the exchange right. Consequently, the consumer will not be dismissed from the previous timeshare right, and even holds the new right.
4. Pre-made contracts are submitted or incomplete applications without the consumer being able to negotiate the contractual clauses.
5. The consumer loses all rights to the timeshare right of use if he does not pay the current levies.
6. Lack of right of withdrawal of the consumer and the instruction on this.
The Spanish state and courts must also comply with EU case law on consumer protection.