Spanish Supreme Court Upholds Its Doctrine On Floating Timeshare In 2020

In spite of attempts by some timeshare companies, the Spanish Supreme Court recently stated that there are no new social or legal circumstances that require a change in their doctrine.

There is, therefore, no modification to laws passed by the Supreme Court in 2015, 2016 and 2017 regarding floating timeshare in Spain.

Frustrated attempts by some timeshare companies

Two timeshare companies, Anfi Sales, SL and Anfi Resorts SL, contested the Supreme Court rulings and received a response from the judges in July. The Court stated that because there has been no change in circumstances, social or legal, there is no reason to alter their doctrine.

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What the doctrine says

The Anfi companies appealed against a particular clause in the Supreme Court laws regarding floating timeshare.

In the three laws (184/2015, 684/2016 and 101/2017), the Court ruled that it is not sufficient for a timeshare contract to state the complex where the property is located; the contract must also say exactly where the timeshare property (apartment or villa) is within the complex.

Specifically, the sentence stated the following:

“The lack of designation of a specific property in the timeshare contract makes it null and void”.

This opened the doors to claims from timeshare owners whose contracts do not clearly state which apartment is for their use.

Anfi appealed the 2015 clause because the company argued that the contract was valid because it specified that the timeshare holder had the right to a property for individual use within the complex.

Anfi believed that the specific property would be determined by the agreed reservations system.

However, the appeal has not prospered because the Supreme Court sees no changes in circumstances that warrant a modification of their original ruling.

Confirmation of other timeshare rulings

In July, the Supreme Court also confirmed the formula used to calculate how much compensation is due to clients whose timeshare contract has been declared null and void. The amount is worked out bearing in mind the proportion of the total price and the maximum period of use (50 years). The timeshare holders are eligible for a refund of a proportional part of the original sum paid.

Other reasons to annul a timeshare contract in Spain

Contracts for timeshare in Spain can be declared null and void if they do not state the specific property acquired for timeshare purposes and/or for the following reasons:

• If the contract has not been modified in accordance with these laws.
• If the contract is valid for longer than 50 years.
• If the contract is linked to an indivisible share of the property.
• If the contract refers to “multipropiedad” (multi-property) or includes any term that includes the word “propiedad” (property).
• If the contract fails to comply with the 1998 law.

Help with timeshare contracts in Spain

Costaluz Lawyers is a recognised expert in timeshare law and has helped clients get refunds and/or a better contract from dozens of timeshare companies in Spain .

If you believe your timeshare contract should be declared null and void, get in touch for a free consultation. We will be only to happy to help you out.