Dear Valarie

Thank you for your question regarding rights to exit and claim.

We can advise you on Spanish court rulings, however, in order to see if you personally could claim, you would need an independent timeshare specialist lawyer to look at your Purchase Agreement and other related timeshare ownership documents.

The Spanish Law 42/1998 was enacted to protect timeshare consumers which came into effect 5th January 1999. On January 15th 2015, a ruling of the Spanish Supreme Court had a significant impact on owners of timeshare. The supreme court ruled that all contracts signed after 5th January 1999 must be for less than 50 years, thus outlawing the practice of “Perpetuity contracts” which had been evident since the 1980’s.

It has also been confirmed that resorts are required to give clients a ‘cooling-off period’ and it is also illegal to accept any monies or have the client sign for any finance agreement during this period. The duration of this law (4/2012) is 14 days. In addition to this, any timeshare sold since 5th January 1999 must state the accommodation details along with when they are entitled to use it.

There are other factors to consider also such as whether you have a fixed week, floating week or points.

If there are any of the above in your contract you may have grounds to claim against your resort if purchased in Spain.

I hope this helps you, feel free to contact us again should you require further assistance.