We are pleased to share last week’s Spanish timeshare court victories. M1 Legal achieved 8 successful outcomes, with total awards of £131,563.
First Court of Instance
- Regency Vacations (Royal Park Albatros) – The judge declared the Regency timeshare contracts null and void and awarded double the amount paid during the cooling-off period. As the case was heard in Spain and defended by a Spanish lawyer, we will seek to enforce the order here, and also explore enforcement in the UK given the company’s English domicile. We were awarded court costs. £65,800 awarded.
- Club La Costa Sucursal – The contract was declared null due to missing information on contract duration and the accommodation, as required under Spanish Law 04/2012. £12,814 awarded.
- Diamond Resorts – The contract was declared null due to missing information on contract duration and the accommodation under Spanish Law 04/2012. We were awarded court costs. £13,160 awarded.
- Club La Costa Sucursal – The contract was declared null due to missing information regarding the accommodation under Spanish Law 04/2012. £14,502 awarded.
There were two further judgements against Diamond and Club La Costa.
Appeal
- RCI + Sunset Beach – The appeal judges noted that Sunset Beach Club operates as a network of companies sharing the same address and name, based in the Isle of Man. The defence relied on this to argue jurisdiction and attempt to have the case struck out. The court upheld the original First Court of Instance decision. The defence also submitted documents said to be a waiver, but they were not translated into Spanish; the court rejected them. This point may be relevant for similar cases in future.
Jurisdiction Hearings
12 jurisdiction victories valued at £238,029
M1 Legal secured 12 jurisdiction victories last week: 11 against Club La Costa and 1 against Diamond Resorts. The defence challenged the Spanish courts’ jurisdiction, but all cases will now proceed to the next stage.
