Our associates at M1 Legal have announced a significant court win against RCI, relating to a Pure Points timeshare contract sold through Sunset Beach Club and Crown Resorts Isle of Man.
The claim was unusual because this type of legal challenge had not previously been tested in court. The outcome is therefore particularly notable: Málaga Court No. 9 ruled the timeshare contract null and void. This Spanish court decision is being viewed as an important precedent for other RCI-linked agreements, including situations where no Spanish company is involved in the sale.
For RCI members and points-based timeshare owners, the ruling provides a clearer route to explore whether similar contracts may be open to challenge in Spain, and whether a compensation claim could be pursued on comparable grounds. While every case depends on its facts, the decision signals that RCI-related contracts can be scrutinised by the Spanish courts in the right circumstances.
In a statement, the lawyer representing the case at M1 Legal, Adrian Peña Botella, said:
As part of the judgment, the court ordered RCI to compensate the clients £9,977.
The ruling is likely to be of interest to other RCI members who have questioned the validity of their points-based timeshare arrangements. In practical terms, this decision may “open the floodgates” for more RCI members to investigate a potential RCI compensation claim in Spain and, where appropriate, seek a lump-sum award.
