Wednesday, 18 May 2016 13:44

Which Gran Canaria Timeshare Companies Have Lost Cases?

Timeshare owners are finally getting their money back Timeshare owners are finally getting their money back www.photosgrancanaria.com

While the initial test case that took Gran Canaria timeshare all the way to the Supreme Court was against Anfi Resorts, several other timeshare companies have lost cases in 2016.

Here's an up-to-date list of the timeshare companies that have had contracts annulled this year.

ANFI DEL MAR

As the largest timeshare operation in Gran Canaria, Anfi del Mar has lost the most cases in the Las Palmas High Court and the Spanish Supreme Court. What's more, it is now losing cases in the local courts in San Bartolomé de Tirajana.

Anfi timeshare contracts have been declared void for several reasons. Amongst them are the use of in-perpetuity contracts, selling floating weeks, and taking deposits within the legally mandated cooling off period. 

PALM OASIS / TASOLAN

The Canarian High Court has ruled, acting on the Supreme Court rulings, has ruled Palm Oasis / Tasolan timeshare contracts that include an "in perpetuity clause" null and void. 

This is because all timeshare contracts signed in Spain since January 4, 1999, must last between three and 50 years. 

Palm Oasis argued that it was a condominium rather than a timeshare, but the Las Palmas High Court ruled that it was bound by timeshare law. 

Palm Oasis / Tasolan timeshare owners have also had contracts annulled because the company took deposits during the legally mandated cooling-off period. Clients that paid deposits within the cooling-off period are entitled to their money back, plus double their deposit. 

PUERTO CALMA

The Las Palmas High Court has backed an earlier ruling by the San Bartolomé de Tirajana court and ruled a timeshare contract signed by clients of Puerto Calma null and void.

PETCHEY LEISURE / REGENCY RESORT (Tenerife)

The Spanish Supreme Court Rulings against timeshare companies aren't just happening in Gran Canaria. All timeshare contracts signed in Spain since January 4, 1999, are affected.

In Tenerife, the Arona High Court has declared a Regency Resort timeshare contract null and void because deposit money was taken during the cooling-off period. 

SILVER POINT / RESORT PROPERTIES (Tenerife)

Arona courts have also ruled a Silverpoint / Resort Properties contracts null and void because the company took deposits during the cooling off period. As the contract was annulled, the owners get their money back in full. 

Getting your timeshare money back

All of these court cases were won by the same Gran Canaria-based legal firm, the Canarian Legal Alliance. It was the first law firm to get timeshare test cases in front of the Spanish Supreme Court, the first to get Supreme Court rulings against timeshare companies, and the first to actually get its clients money returned.

Now that the law is clear, Canarian courts are getting faster at voiding illegal timeshare contracts and forcing the timeshare firms to pay up. The only way their lawyers can wriggle out of cases is if a lawyer makes a mistake. 

This is why we recommend that you talk to the Canarian Legal Alliance. They have led the way and won the cases and are the Spain's leading timeshare law experts. If you want to get your illegal timeshare contract annulled and your money back, send them your details with this form and the CLA will contact you right away.

Is my timeshare contract illegal

If you signed your timeshare contract after January 4, 1999, and it contains any of the following, then it is illegal and you can get it annulled and your money returned. The date is when new Spanish timeshare laws cae into force. Many timeshare operations simply ignored them. 

Sold in perpetuity

If your timeshare contract is indefinite, it is illegal and can be voided.

Contains a floating week

The whole concept of a floating week is illegal according to Spanish Law. If your timeshare contract doesn't have a defined date for your week or weeks, it is illegal and the courts will void it. 

Illegal deposits

Timeshare companies can't take a deposit at the time of signing a contract. They have to wait for either two weeks or three months before asking for any money. This cooling off period was introduced in 1998 to stop timeshare vendors from using high-pressure sales tactics to bully people into signing.

Almost all timeshare contracts signed in Gran Canaria have a three-month cooling off period. 

If you signed a timeshare contract and paid a deposit on the day, or within three months, your timeshare contract is almost certainly illegal. 

Trustee deposits

Timeshare companies tried to get around the ban on deposits by getting buyers to make a payment to a trustee company that held the money for three months. The Spanish Supreme Court has ruled that this is the same as taking a deposit and is, therefore, illegal. 

Have you got a case? Find out in just 24-hours from the only legal firm that is winning cases and getting timeshare money back.

Published in Timeshare Law
Published in Timeshare Law
Tagged under
back to top

Gran Canaria Info recommends:

  • Default
  • Title
  • Date
  • Random

Join the Gran Canaria Info newsletter list

endanlfifrdeisitnoplptruessv

 

 

Features

Gran Canaria info recommends

  • 1

Follow us on Facebook

Tip of the day

  • How To Choose A Legal Gran Canaria Airport Transfer
    How To Choose A Legal Gran Canaria Airport Transfer

    Gran Canaria's hotels have to be licensed and offer a quality level of service as well as having insurance and complying with fire regulations. The same goes for the boats that take people out to watch dolphins, the companies offering jeep safaris, and even the holiday let apartments. 

    However, not everybody in Gran Canaria follows the rules. For example, there is a significant industry running illegal and uninsured transfers between Gran Canaria airport and the island's resorts. These cars, driven by locals and foreign-residents, are just private vehicles and the drivers are unregulated and uninsured. They don't pay tax and there is no way to hold them responsible if something goes wrong. 

     At Gran Canaria Info we believe that all people and all companies offering services to tourists should legal and above board.

    So, how do you know that your airport transfer service is legal and registered with the Gran Canaria authorities?

     Using legal Gran Canaria airport transfers

    It is quite easy to know if your airport transfer service is operating in a legal way because all registered transfers have the following...

     A blue license plate: Taxis and other public service vehicles in Gran Canaria all have blue plates.

    A VTC sticker in the window: This stands for Vehículo de Transporte con Conductor, the official designation for licensed transfer drivers ans chauffeurs.

    An SP sticker on the car: This indicates that the car offer a Servicio Publico or public service and is therefore allowed to pick up and transfer members of the public. 

    Parked in the transport zone: Official airport transfer vehicles don't park in the public car park of the airport. Instead they have their own parking zone right by the arrivals gates at the airport (next to the taxis and package tour buses). Your transfer driver therefore should not have to pay a parking fee before leaving the aiport. 

    How to spot an unlicensed transfer service

    Unlicensed drivers get away with offerring their service because they claim that they are just members of the public picking up a friend. They are allowed to stand at arrivals with a sign (just like any member of the public can).

    However, they also have to park their car in the public car park and will walk you there with your luggage, stopping to pay the parking fee at the meter. A licensed transfer driver does not need to do this because they have their own parking zone right by arrivals.

    Some unlicensed drivers don't even wait at the arrival gate because the official drivers recognise them and get annoyed. Instead they have to stand further away (often by the Spar supermarket or the car rental desks). 

    When an unlicensed driver drops you at the airport they will not want to be paid in a public area because this proves that they are charging rather than "transporting a friend" for free. 

    An unlicensed car will not have a blue license plate, or a SP or VTC sticker, and will often look like a private car (because it is a private car). 

    What's the problem with unlicensed airport transfers?

    Some people use unlicensed cars because they are the cheapest option and don't realise that they are unlicensed. 

    There are several problems with unlicensed services. The most obvious is that they are uninsured so if something goes wrong or there is an accident, you are not protected. The price that unlicensed drivers offer is only low because they cut corners (hopefully not literally). You have no way of even knowing if your unlicensed driver has a Spanish driving license, insurance and a good driving record. Licensed drivers are vetted regularly and must be fully insured and licensed to work.

    Another problem is that unlicensed transfers undermine the legitimate transfer drivers and businesses in Gran Canaria. Local drivers make a living from transfers and offer a legal, regulated service with minimum standards. Every time an unlicensed service undercuts them, it is effectively stealing from local people and the island economy.

    We believe that everybody in Gran Canaria deserves better!

    Gran Canaria Airport Transfer Services

    To find out more about the Gran Canaria airport transfer, see our Gran Canaria airport transfer article which explains the three different models; man/woman from pub with car, online transfer websites, and local transfer services.

    Or you can book a legitimate Gran Canaria airport transfer at a great price right here. Our service uses local drivers and supprts the island economy because all the money you spend stays in Gran Canaria.

    Alex Says: Using our service also helps the Gran Canaria Info team to keep providing quality local information here and in our Facebook Group

Latest articles

Who's Online

We have 8197 guests and no members online

Login / Register

Take this website to the max, login or create an account now! By clicking on any Social Media platform logo, you can login with just one click.