Laws Governing Timeshare in Spain TODAY,

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Offline ex Anfi (35351) C.D.N.

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Laws Governing Timeshare in Spain TODAY,
« on: November 10, 2016, 11:05:17 »
I saw the following on another Timeshare Companies website yesterday Wednesday 9th November 2016 (which I have taken a photo shoot of) which has the following included in their article

“The Law today, Law 42/1998 clearly states that contracts must last between a period of 3 & 50 years.  In 2015 the Spanish Supreme Court announced the new ruling, stating that life timeshare contracts are declared illegal under perpetuity, this been a common practice at the Anfi Resort.  The Majority of timeshare owners at the resort are owners from Germany, the UK and Scandinavia.”

The Law covering the 2 Court Cases versus Anfi relate to purchases made in 2004 and 2009 and the website correctly points out that Law 42/1998 was in force at the time of the purchases. HOWEVER, the quote above is INCORRECT in that Law 42/1998 does not cover Timeshare being sold in Spain today, BUT the Law ‘Real Decreto-ley 8/2012’ does.


The quote of “that contracts must last between a period of 3 & 50 years” is also incorrect.

Look and check for your selves.


Search Engine

eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52015DC0644&from=en

1.INTRODUCTION
This report provides an assessment of the application of Directive 2008/122/EC (the Timeshare Directive) in Member States and evaluates its effects.
The 2008 Timeshare Directive repealed former Directive 94/47/EC 1 and modernised its provisions in order to deal with the emergence of new products in the travel market. It covers a broader range of holiday-related services characterised by long-term commitments or significant financial risks for consumers, namely:
-    timeshare contracts, of more than one year under which a consumer, for consideration, acquires the right to use overnight accommodation for more than one period of occupation;
-    contracts for long-term holiday products by which a consumer, for consideration, acquires the right to obtain benefits in respect of accommodation, either in isolation or together with travel or other services (such as membership in ‘discount holiday clubs’, which offer discounts on travel and accommodation in different resorts for a fixed period of time);
-    exchange contracts under which a consumer, for consideration, joins a system that allows him to enjoy overnight accommodation or other services in exchange for granting others, on a temporary basis, access to the benefits of the rights arising from his own timeshare contract;
-    resale contracts under which a trader, for consideration, assists a timeshare owner to resell his timeshare rights or long-term holiday product.


Search  Engine   
   
boe.es/diario_boe/txt.php?id=BOE-A-2012-3811


Scroll down to Articulo 3.

Artículo 3. Contrato de producto vacacional de larga duración.
Se entiende por contrato de producto vacacional de larga duración aquel de duración superior a un año en virtud del cual un consumidor adquiere, a título oneroso, esencialmente el derecho a obtener descuentos u otras ventajas respecto de su alojamiento, de forma aislada o en combinación con viajes u otros servicios.

Article 3. Contract of product holiday of long duration.

It means holiday product contract long one lasting more than one year by which a consumer acquires, for pecuniary, essentially the right to obtain discounts or other benefits on accommodation, in isolation or in combination with travel or other services.



I have been posting as Ex Anfi (35351) C.D.N. so as not to cause any confusion as to who I am. I purchased 2 weeks of Timeshare in 1985 and had many wonderful holidays during my ownership. I do not NOW own any Timeshare, Holiday clubs or similar product what so ever.
I did work in the Timeshare industry until 7th September 2015. I do not NOW work in the Timeshare Industry, Holiday Clubs or any product to do with holidays what so ever. I also DO NOT work in any profession or for any company which has any connections to do with Timeshare, holidays or any product similar.
My postings are only in relation to my own personal experiences and knowledge of the Timeshare industry.

I have the utmost respect for Norm de Plume (A retired Barrister) who is also completely INDEPENDENT from anything to do with the Timeshare Industry and gives his advice completely free using the following as his signature.
“If you have found the advice I have given useful and I have saved you some money, perhaps you would like to make a donation to the Prostate Cancer Charity, mentioning my name”.

Blakey & Bett say "there are no I,s in team". They can spell well. Hyenas work as a team, would you say Hyenas are civilised, which has 3 I,s?



Offline rrb

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  • Hi all who want to get rid of their timeshare
Re: Laws Governing Timeshare in Spain TODAY,
« Reply #1 on: November 10, 2016, 21:29:50 »
please check these people - they have a great sucess
canarianlegalalliance.com/silverpoint-victory-contract-declared-null-and-void/
We will be stroger together

Offline jcorrea-lawyer

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Laws Governing Timeshare in Spain TODAY,
« Reply #2 on: November 24, 2016, 20:04:55 »
Just to mention that the current Law that applies in Spain is not longer RDL 8/12 but Law 4/12 which practically identical in content to RDL 8/12


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Bringing legal advice on Timeshare matters throughout Spain.
Lawyer nº 1071 of the Las Palmas Bar Association. Canary Islands.
http://www.correaguimera.com [nofollow]

Offline ex Anfi (35351) C.D.N.

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Re: Laws Governing Timeshare in Spain TODAY,
« Reply #3 on: November 25, 2016, 10:45:55 »
With reference to my inadvertently quoting ‘Law 8/2012’ above, which you are correct in saying jcorrea-lawyer, it should have read Law 4/2012. This was due to human error on my behalf.
The thread link;

http://www.timesharetalk.co.uk/index.php/topic,19397.0.html

clearly shows I quote Law 4/2012 throughout that thread. I thank you for pointing out my error jcorreo-lawyer.



With reference to post #13 of the above link where I quote;

“Any existing Timeshare/Holiday Contracts which was signed before Law 4/2012 came into force (16th March 2012) and has ‘not adapted’ (been changed to comply with law 4/2012) are NULL & VOID. (Why would someone pay to get out of a contract which is NOT NOW, a legal binding contract)”.

I am aware people may have purchased Timeshare in recent years and have in fact been ‘mis-sold’ or have signed contracts which are NOT LEGALLY binding, and wish to seek recompense for this.


My comments “why would someone pay to get out of a contract which is NOT NOW, a legal binding contract” was added due to the following.

We have all read articles on the website which refer to elderly people who bought Timeshare in the 1980’s and 1990’s, who after many years of happily using their Timeshare, are now too ill or frail to use the Timeshare.

A report I read specifically quoted an elderly couple who owned their Timeshare with Macdonald resorts in Spain. For more than 10 years the elderly couple had been unable to use their Timeshare due to ill health. Although they were unable to use their Timeshare, Mcdonald Resorts were still charging them Maintenance Fees and had in fact sent in ‘the debt collectors’.

There is a link on this site which MAY also come under the same circumstances which I am about to explain.
http://www.timesharetalk.co.uk/index.php/topic,19422.msg61379.html

If you signed a contract before 16th March 2012 (Law 4/2012) came into force, it is highly likely that your contract does not comply with the SPANISH Timeshare Acts in force TODAY.

An example is, you bought your Timeshare in 1990. The SPANISH contract states you own your entitlement ‘in perpetuity’ (or more than 50 Years).as well as the other changes brought in by Law 4/2012. As soon as Law 4/2012 came into force (16th March 2012), then the company were LEGALLY OBLIGATED ‘TO ADAPT’ (change your contracts) to comply with Law 4/2012.

By failing to change your contracts WITH YOUR AGREEMENT and SIGNATURES, then the company have failed to comply with LAW 4/2012.


If this is the case with your old ownership, you can freely walk away as you are NOT NOW legally bound to pay your Maintenance Fees.


If a company threatens you with Court Action/Debt Collecting Agencies/Bailiffs, then there is advice on this website on how to deal with Companies and the LEGAL ACTION you can take against them for doing so.


Blakey & Bett say "there are no I,s in team". They can spell well. Hyenas work as a team, would you say Hyenas are civilised, which has 3 I,s?