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Recent Victories

CLC World, Diamond Resorts and Marriott all lose

CLC World, Diamond Resorts and Marriott all lose

We are pleased to inform you of this week's Spanish court victories. M1 Legal secured TEN positive awards with a total value of £196,155.

Here is a breakdown of our substantive results:

1st Court of Instance:

  • Diamond Resorts - In Fuengirola, court No. 3, the judge declared the contract null under the requirements of law 42/1998 (lack of information regarding the accommodation and contract duration), we also won court costs. Amount Awarded - £25,509.
  • CLC World (UK) PLC E.P. - In Fuengirola court No. 3, the judge declared the contract null under the law 04/2012 for lack of information regarding the accommodation and contract duration. Amount Awarded - £10,768.
  • Marriott - In Marbella court No. 5, the judge declared the contract null under the law 42/1998 for lack of information regarding the accommodation and contract duration. Amount Awarded - £12,250.
  • Marriott - In Marbella court No. 8, the judge declared the contract null under the law 42/1998 for lack of information regarding the accommodation and contract duration. Amount Awarded - £12,315.

Appeals:

  • CLC World (Sucursal) - In the Court of Appeal No.5 Malaga, the the judgement has been amended from the first instance which declared the contract null due to lack of information (accommodation and contract duration), whereby the previous contracts were excluded. This judgement now includes all previous contracts following Adrian's appeal, we also won court costs. Amount Awarded - £15,620.
  • Diamond Resorts - In the Court of Appeal No.5 Malaga, it was confirmed that the judgement from the first instance still stands whereby the contract was declared null due to lack of information regarding the accommodation and contract period, we also won court costs. Amount Awarded - £49,729.
  • Diamond Resorts - In this case we had a fantastic result, Diamond took the case to the Supreme Court to discuss the validity of the judgements (we won), claiming that English law should have been applied to those contracts. The court dismissed the claim as the requirements to present the Casacion Appeal (appeal for annulment) was not met in their request and declared Diamond to pay all the legal costs. Amount Awarded - £39,409.
  • Diamond Resorts - In the Court of Appeal No.4 Malaga, it was confirmed that the judgement from the first instance still stands whereby the contract was declared null due to lack of information regarding the accommodation and contract period, we also won court costs. Amount Awarded - £16,005.

Another great week of positive results.

About Timeshare Release

During the Timeshare sales boom of the 80s & 90s, potential buyers were lured in by the promise of affordable exotic holidays, flexible exchange programmes and the impression that Timeshare would be a valuable "investment".

In an industry with little or no regulation, high pressure sales tactics were rife and contract smallprint was often glossed over and explained away by sharp salespeople.

Many Timeshare buyers were therefore unaware that they were actually making significant, long term financial commitments on behalf of themselves and their families.

To find out how you can escape the Timeshare Trap please complete the short Timeshare Release Wizard now.

The Timeshare Trap

The timeshare trap

For many Timeshare owners, annual maintenance fees were barely considered token amounts in the early "honeymoon period" of ownership.

However, year-on-year increases imposed by the resorts over time now mean that the maintenance fees have risen to become substantial sums.

Owners are also facing the prospect of ongoing yearly fee increases and realising that they (and their families) are often committed to long term contracts for generations to come.

Please try our Future Fees Calculator to estimate your liabilities over the term of your Timeshare contract, based on an annual increase of 7.5%.

If you're concerned about rising fees and how to escape the Timeshare Trap, please contact us today.

Timeshare Owner Reports

Timeshare owner reports

Recent comments from RCI Timeshare owners who have come to us for help with contract cancellation:

Mr Steve R, Middlesex - RCI/Hollywood Mirage

“We 'swapped ‘another place in Tenerife for this in order to move to the points system. Since then, getting exchanges to desirable resorts proves almost impossible, irrespective of in-season or off-season.”

Mrs Rachael B, Yorkshire - RCI Europe

“I purchased my timeshare in 1999 and have been a timeshare member ever since. More often than not, I have not be able to go where I wanted and have ended up giving a few weeks to Friends, etc to book somewhere they wanted in order not to lose the weeks. I have then stayed in a hotel!! I am desperately trying to get rid of the timeshare and am now paying Timeshare Shop in Manchester to get rid of it for me.”

Read more...