If you’re not already looking into a timeshare compensation claim, it may be worth acting sooner rather than later.
Protecting consumers: Spain’s timeshare laws
In Spain, stronger consumer protections were introduced in March 2015 to stop timeshare companies taking advantage of owners.
The reason was simple: parts of the timeshare industry had become unregulated in practice, and consumers were losing out.
However, many resorts carried on regardless. Illegal timeshare contracts were treated as a civil matter, and many foreign owners understandably didn’t have the time, confidence or energy to navigate the Spanish court system on their own.
As a result, many owners turned to specialist claims companies for help with a compensation claim.
These firms challenged timeshare companies through the courts to pursue justice, despite repeated legal barriers and delaying tactics.
At first, progress was slow and cases could take years. Andrew Cooper, CEO of European Consumer Claims (ECC), says: “One by one, we overcame their arguments and delaying tactics. Precedents were set. Gradually, the process got easier and quicker, and now the resorts have nowhere to hide.”
Time to pay up
Cooper says the “timeshare ‘Wild West’ years have caught up with the industry. We should keep in mind that these were not victimless crimes. The piles of money the resorts made came from ordinary, hardworking people, many of whom could ill afford it. It is only fitting that timeshare companies are made to pay back and compensate those same consumers they took from in the first place.”
Now, many resorts are facing serious financial pressure.
“They are upset,” Cooper continues, “and many of them are blaming claims firms for their hardships. In fact, they have brought their situations entirely on themselves.
“Past powerhouses like Anfi, Club La Costa, Diamond Resorts Europe, Azure and Silverpoint have all been reported as suffering in one way or another, with some of these even facing liquidation.”
On the fence about claiming
The issue now is that, according to Cooper, “there are many people who are on the fence about whether to make a claim.” Some owners don’t want the hassle, while others may have “bought into the resorts’ narrative that a few silly rules being broken wasn’t that big a deal.”
However, setting aside the moral questions, making a compensation claim “now could be the only way many timeshare owners come away with anything at all.”
We’ve heard from several owners who wish they had taken action sooner. Some have lost their ownership usage entitlement and now have no rights to legal recourse they may have had with earlier, informed action.
Cooper adds: “If a resort goes into liquidation, which many are doing because of the avalanche of compensation awards against them, then registered creditors have to be prioritised by the administrators.”
That’s why people who may be entitled to compensation are being urged to decide quickly. In some cases, individuals could secure tens of thousands of pounds or more.
Some owners worry that claiming means they won’t be able to holiday at the resort again. But many resorts can now be booked through mainstream travel websites — often for less.
And if a club folds, customers could lose their membership as well as their money, with nothing to show for years of loyalty.
Choose carefully
There are plenty of timeshare claims firms operating, but Cooper cautions against choosing one “because they called you out of the blue, or because you found them on Google.”
Unfortunately, fraudsters do exist — and some will take your money without pursuing your case.
Cooper suggests that “the best advice is from another owner who you trust and who has already claimed successfully”.
He also notes that consumer associations can help, and recommends timesharetrust.co.uk as a useful starting point for resources and guidance.
Alternatively, you can contact Timeshare Advice Centre for a free, confidential chat.
