Fairways Club Tenerife

Started by Jancade, December 03, 2015, 15:15:32

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Jancade

Hi I have a weeks timeshare at Fairways club in Tenerife , it was brought in 1992 , and I believe it was sold in Perpetuity , I have asked the said club for a copy of my contract , but after 7 years they no longer kept them ( they say legally they do not have to)
with the latest ruling about selling in Perpetuity where do you go from here, they say we have to abide by the Club Constition?

Jancade


charlie1

I would be very surprised if a Timeshare Company did not keep a copy of their contracts - if nothing else to protect themselves.

If they do not wish to provide you details then perhaps some of the posters on here could private message you as there must be quite a few that bought with Fairways around that period of time. I will contact some Fairfield members direct.

They also introduced a Flexible system in 2008 that the Supreme Court declared that Floating weeks are Null and Void in January of this year.

The only Timeshare Resorts in Spain that appear to fall outside of the Law 42/1998 are fixed weeks with a term less than 50 years. I would imagine that they issued you with new contracts stating that your timeshare was now floating time. I recall a number of members were unhappy with this at the time.

I have had timeshare owners contact me where it would appear regardless of their age or circumstances this resort continues to lock in its members with threats of debt collectors and court action. This attitude needs to change with those elderly members seeking a release without trying to charge them silly fees.

At the moment Fairways appear to fall foul of 42/98 regarding Perpetuity and having Floating time. I would consider contacting Javier a Spanish Lawyer for a free consultation. Javier has been updating the Forum with different aspects of Law 42/98. His details are below you can complete an enquiry form on his website putting forward any questions you may have.

Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com
Timeshare Weekly is an Independent website working with those who share similar ideals. We are here to guide the consumer make the very best of timeshare. We encourage positive change and solutions. Your either living in the problem or your living in the solution. Contact graham@timeshareweekly.com

jcorrea-lawyer

Thank you Charlie1, of course I would be happy to help. Anyway let me tell you that they do have to keep a copy of the contract as with any contract you sign, this is not different. If not, how can you enforce your rights??

If the contract was signed in 1992 it falls out of Law 42/98 BUT if they changed the system that could affect the contract thus becoming illegal being you able to claim, as compensation for damages, the price initially paid.
Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com

Raymondo111

Quote from: Jancade on December 03, 2015, 15:15:32
Hi I have a weeks timeshare at Fairways club in Tenerife , it was brought in 1992 , and I believe it was sold in Perpetuity , I have asked the said club for a copy of my contract , but after 7 years they no longer kept them ( they say legally they do not have to)
with the latest ruling about selling in Perpetuity where do you go from here, they say we have to abide by the Club Constition?


If you are just interested in giving it back just tell them that you no longer want your week and stop paying the maintenance, you will get all sorts of letters from so called debt collectors but stick with it and tell the debt collectors that you know that they can't sue you in the UK Courts because of jurisdiction (Wayfair Management who collect your maintenance are registered in the I O M) A precedent was set in 2010 when a couple who owned Timeshare at Pueblo Evita (also part of the Fairways Group) went to court over unpaid fees and the case was thrown out, this all happened way before any of the latest rulings on perpetuity and the selling of floating weeks. A number of people have gone down the route of stopping maintenance based on excellent information given on here and eventually the people chasing for money give up.
Ray

Marvin

So much good information for those trying to avoid the bad side of timeshare. Such a shame that it has to go that far.

I'd rather be in the minority and right, than in the majority and wrong. After all I only have to live with myself!

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