m2_MOD.pdf
3/1/15
2
23/1/15
16:02
16:02
C
M
Y
CM
MY
CY
CMY
FREE!
m2_MOD.pdf
2
23/1/15
16:02
March -Apr2015
K
TIMESHARE RULING C
M
Y
CM
MY
CY
CMY
K
A Norwegian lady, Tove Grimsbo, has recently been awarded more than an estimated €40,000 after what has been called a “ground-breaking” Spanish supreme court ruling that promises to shake many operators within the timeshare industry to their very core. The highest civil court in Spain, it was announced this month, has upheld a Provincial High
Court ruling ordering Anfi to refund all of the lady’s payments, plus interest and legal fees, after a case that has lasted more than 6 years. When Mrs Grimsbo’s husband was persuaded by Gran Canaria’s Anfi Sales S.L. in 2000 to sign a contract for timeshare, paying a more-than-700€ deposit, there and then with their credit card, the courts
have ruled that their right to a full “cooling off period” of 10 natural days was certainly breached. The law on this is strict, timeshare sellers cannot take a deposit within the first 10 days of any contract, in this case it seems they did. CLA Tribunal Supremo 1Perhaps most significant of all however was that the contracts they signed, between 2000 & 2001,
were “in perpetuity”, that is to say forever, for as long as they live and beyond. This was the clearest of all contraventions as it stands diametrically opposed to the Spanish law 42/1998 governing timeshare organisations, which clearly states that no timeshare contract signed after the beginning of 1999 is allowed to stand for over 50 years.